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IP Australia responds to views on exposure draft

IP Australia has published a response to its consultation on draft legislation that includes measures to implement aspects of the Government’s response to the Productivity Commission’s (PC) inquiry into Australia’s IP arrangements.

The agency received 18 submissions on the Exposure Draft of the Intellectual Property Laws Amendment Bill (Productivity Commission Response Part 2 and Other Measures) Bill 2018.

On the proposed changes to the inventive step, the response explains that: “The Government has decided to postpone changes to inventive step to ensure there is sufficient time to formulate and consult further on options to ensure legislative changes have the intended effect.”

AusBiotech said in its submission, developed by the association's IP Advisory Panel, it remains of the view that amending the definition of inventive step is not required. However, if such changes were to be pursued, AusBiotech has no real issue with the proposed change of language.

IP Australia said: “Some stakeholders submitted that the proposed changes would make no practical difference to the inventive step test, as the text of the test has not sufficiently changed from the existing wording; and that the courts may not have sufficient regard to the explanatory memorandum to determine the intended meaning of the proposed changes.”

In terms of the objects clause, AusBiotech raised concerns regarding the reference to “technological” innovation and the capacity to restrict or narrow the definition or that the definition could change over time – and suggests removing it. It appears the objects clause will proceed as currently drafted.